Thenkarai Periyakulam Kanmai v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6572 of 2015 and M.P.(MD).No.1 of 2015 Thenkarai Periyakulam Kanmai Neerinai Payanpaduthuvor Sangam Represented by its President R.Sekar, No.45, Kannaki Illam, NGO Colony, Thenkarai, Periyakulam, Theni District.

.. Petitioner Vs.

1. The State of Tamil Nadu, Represented by its Secretary, Fort Saint George, Chennai.

2. The District Collector, Theni District, Theni.

3. The Executive Engineer, The Water Resource Organisation, Manjalar Irrigation Division, Periyakulam, Theni District.

4. The Executive Engineer, Tamil Nadu Electricity Board, Distribution and Maintenance Division, Periyakulam, Theni District.

5. S.Ravi .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action to stop the illegal transportation of water source to the land situated 8 Kilometer away from the present Well belongs to the fifth respondent, based on the petitioner's representation dated 17.12.2014.

For petitioner : Mr.P.Muthuvijayapandian For R-1 to R-3 : Mr.M.Govindan Special Government Pleader For R-4 : Mr.E.P.Venkateswar for S.M.S.Johnny Basha For R-5 : Mr.A.Balakrishnan for Mr.K.P.Narayanakumar

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the District Collector, Theni to take action against the fifth respondent on account of his illegal extraction of water and transportation.

2. We give liberty to the petitioner to submit a comprehensive representation to the District Collector, Theni for redressal of his grievance. In case any such representation is given, the same shall be considered by the District Collector, Theni and dispose of the same on merits and as per law, after issuing notice to the fifth respondent. Such exercise shall be completed within a period of three months from the date of receipt of representation.

3. The Writ Petition is disposed of, with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To:

1. The Secretary, Fort Saint George, Chennai.

2. The District Collector, Theni District, Theni.

3. The Executive Engineer, The Water Resource Organisation, Manjalar Irrigation Division, Periyakulam.

4. The Executive Engineer, Tamil Nadu Electricity Board, Distribution and Maintenance Division, Periyakulam, Theni District.

+1cc to The Spl.Government Pleader Sr.No.79345 +1cc to Mr.P.Muthuvijayapandian, Advocate Sr.No.79007 +1cc to Mr.K.P.Narayanakumar, Advocate Sr.No.79466 KM/PS VB/KK/SAR4/11/10/2017/3P/8C ORDER MADE IN W.P.(MD)No.6572 of 2015 15.09.2017